United States Ninth Circuit

In an action by foster children under 42 USC section 1983 against state and county officials, alleging violations of their substantive due process rights under the Fourteenth Amendment and violations of their federal statutory rights under the Adoption Assistance and Child Welfare Act (CWA), the Child Abuse Prevention and Treatment Act (CAPTA), and the Individuals with Disabilities Education Act (IDEA), the district court's dismissal of all claims is: 1) reversed as to the Fourteenth Amendment claims; 2) reversed as to claims under the case plan provisions and the records provisions of the CWA; 3) affirmed as to the guardian ad litem provision of CAPTA; and 4) affirmed as to provisions of both CAPTA and IDEA that require states to refer certain children to early intervention services.

Appellate Information

• Decided 05/04/2012
• Published 05/04/2012

Judges

• B. Fletcher

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Brian R. Matsui, Margaret G. Foley